April 14, 2021
At 12:19 pm
Forget Ali vs. Frazier, Celtics vs. Lakers or Evert vs. Navratilova. It’s time for Marshall to confront Warren.
After three rounds of the first ever SCOTUS Brackets Contest, only two judges remained. Both have the title of Chief Justice. Both have reshaped American law and society. Both are legitimate Titans, they defeated many worthy competitors and won the championship. However, only SCOTUSblog readers can choose a person to be the greatest judge in the history of the court.
To understand how we got here, you can check Results of the first round, Results of the second round with Semifinals.We explained our initial seeding and selection criteria Here. Of course, none of the ongoing March Madness Championships is controversial, and we are a bit dissatisfied with it. Is it too triumphant? Rotten seeds?Skew at Liberal direction?Skew at Conservative direction? We heard these complaints and so on.Our bracket is even inspired Competitors with slightly different agendas -An event predicated on poor achievement, that is, no one should be proud of winning.Just like NIT.
However, a melodrama of March Madness is enough. This is the last round of the big dance, and now it’s time to vote. This is the championship battle.
1 John Marshall vs. 3 Earl Warren
Ask any constitutional student to name the most iconic Supreme Court ruling, and they may answer Marbury v. Madison.Ask ordinary Americans, they might choose Brown v. Board of Education. These two landmark rulings are the most famous rulings in the history of the court. The former was written by John Marshall. The latter was written by Earl Warren.
In 1801 MarburyMarshall established the most important power of the Supreme Court in our system of checks and balances: this principle is that the court has the final decision on the meaning of the Constitution and has the power to invalidate the unconstitutional acts of Congress and the President.As Marshall later wrote McCulloch v. Maryland: “[W]Never forget this is a constitution We are explaining. “This may be the most important decision in the history of the court. It clarifies the principle that although the political branch may be fickle, the meaning of the country’s highest law (as determined by the court itself) must maintain a permanent safety net.
After serving as the chief executive for 34 years and obtaining a majority of 536, Marshall not only improved the status of the Supreme Court, but also strengthened the power of the federal government. Marshall was a lifelong federalist who opposed the Jeffersonian concept of democracy. He broadly explained the powers of Congress and declared that federal laws override state laws. Although many of his rulings at the time were controversial, the principles he set forth have been unquestionable for two centuries. “Marshall found the constitutional documents; and empowered them,” wrote President James Garfield. “He found a bone and clothed it with flesh and blood.”
More than a century later, Earl Warren assumed the position Marshall once held. He only served on the court for 16 years, less than half of Marshall’s tenure. But his tenure is equally influential. In the 1950s and 1960s, the Warren Court made a series of transformative decisions that expanded the rights of minorities, criminal defendants, and the press.The first of these is the opinion of Warren in 1954 Brown, Which includes another candidate for the most important line in the history of the court: “Separated educational facilities are inherently unequal.”
Warren court judgments (often published in plain language reminiscent of Marshall) did not stop there. Its ruling on freedom of speech (New York Times v. Sullivan with Tinker v. Monk), criminal proceedings (Terry v. Ohio with Miranda v. Arizona), the right to vote (Baker v. Carl with Reynolds v Sims), privacy (Griswold v. Connecticut) And race (Brown with Love v. Virginia) Laid the foundation for modern law in these fields. Warren did not write a majority opinion in all these cases, but there is no doubt that he is the moral leader of the court, and he is urging his justices to accept broad changes. As President Harry Truman said: “Warren’s record as Chief Justice has made him an annals of history. He is the one who reads and interprets the Constitution according to its ultimate intent. He feels The call of the times-he stood up.”
Not surprisingly, between these two finalists, one is called Great chief The other is called Super chief. Which chief will win the title? It’s up to you now. Due to technical issues in our internal voting system, the final round of voting will be conducted on Twitter. Voting will be open for 48 hours. Vote for the winner of SCOTUS square brackets here:
We have reached the final round of SCOTUS bracket theory, and two outstanding chief justices will fight for the championship. Someone wrote “Marbury v. Madison.” Another person wrote about Brown v. The Board of Directors. For the full articles of these two finalists, please click here: https://t.co/P2su0LDf3P
Cast your vote below!
-SCOTUSblog (@SCOTUSblog) April 14, 2021